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2026 DAILYLAW 5769 (GAU)

AKTAR AMIRUL RAHMAN ALIAS AKHTAR AMIRUL HOQUE v. STATE OF ASSAM

Bail Appln./942/2026 · 2026-05-11

Sanjeev Kumar Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010062732026 2026:GAU-AS:6533 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./942/2026 AKTAR AMIRUL RAHMAN ALIAS AKHTAR AMIRUL HOQUE SON OF LT HABIBAR RAHMAN, VILLAGE ANANDANAGAR, P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN-783348 VERSUS STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR D BHATTACHARYA, D GOSWAMI,MS S DAS Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 12.05.2026 Heard Mr. D Bhattacharya, learned counsel for the petitioner. Also heard Mr. R R Kaushik, learned Addl. Public Prosecutor for the State. 2. This application has been filed under Section 483 of the BNSS, 2023 Page No.# 2/3 seeking bail of the petitioner, namely, Akhtar Amirul Rahman @ Akhtar Amirul Hoque, who was arrested on 12.09.2025 in connection with Bilasipara P.S Case No. 289/2025 corresponding to GR Case No. 482/2025 under Sections 64(1) of the BNS, 2023. 3. TCR as called for has been received. 4. The allegations against the petitioner is that when the victim who is married lady aged 50 years had gone to pluck flowers for Puja, the petitioner enticed her to his house and thereafter, assaulted her and committed rape upon her. 5. An earlier bail application being B.A No. 3304/2025 on behalf of the petitioner was rejected by this Court vide order dated 18.11.2025, upon perusal of the record. 6. Since then, the trial has commenced and already six witnesses including the informant as well as the victim had already been examined by the learned trial court. In the meantime, the petitioner has been in detention since 12.09.2025. He further submitted that the petitioner is suffering from heart ailments as well as diabetes and is having difficulty and congestion of the heart. 7. Having regard to the fact that the principle witnesses i.e. the victim and Page No.# 3/3 the informant have already examined and having regard to the period of detention undergone as well as the medical condition of the present petitioner, which has also been reflected in the Order dated 20.04.2026, passed by the learned trial court, I am of the view that the petitioner may be released on bail at this stage. 8. Accordingly, the prayer for bail is allowed. The petitioner, namely, Akhtar Amirul Rahman @ Akhtar Amirul Hoque, shall be released on bail of Rs. 50,000/- (Rupees Fifty Thousand) only with two sureties of like amount to the satisfaction of the learned trial court. It is further provided that the petitioner shall regularly participate in the remaining of the trial and shall not try to influence the remaining witnesses in any manner. 9. Bail Petition stands disposed of accordingly. JUDGE Comparing Assistant